Can an employee be dismissed without giving reasons in the letter of dismissal?
Dismissal: must reasons be specified?
NO: Dismissal based on a dismissal letter devoid of reasons cannot be valid, even since the Macron Ordinances. However, since the Macron Ordinance n°2017-1387 of September 22, 2017, the previously existing formalism has been lightened, but this in no way means that an employer who has not mentioned any grounds justifying the dismissal can hope for a finding that the dismissal is well-founded.
What can be done in practice?
Decree no. 2017-1702 of December 15, 2017 on the procedure for clarifying the reasons set out in the letter of dismissal, provides that the employer has the option, once the letter of dismissal has been sent, of clarifying the content of the reasons given.
These clarifications may be made either on the employer’s own initiative, or following a request made by the employee by registered mail with acknowledgement of receipt, within 15 days of receipt of the notification. In return, the employer will have a similar period within which to respond.
Thus, the principle whereby the letter of dismissal set the terms of the dispute and could not be subsequently modified is well and truly a thing of the past, since the employer will be able to specify the grounds for dismissal a posteriori, outside the letter of dismissal which previously set the limits of the dispute.
In the future, case law will help define the contours of this new vision of the letter of dismissal.
Would you like to know whether your situation qualifies for legal recourse? Has your employer failed to comply with the dismissal procedure? Are you an employer seeking to implement this ordinance? You can make an appointment with an AGN lawyer near you, who will accompany you.